The Supreme Court has ruled in favor of the Kanifing Municipal Council (KMC) in a high-profile constitutional case against the Minister of Lands, Regional Government and Religious Affairs, and the Inspector General of Police, declaring the government’s actions unlawful.
The dispute arose after KMC placed its Chief Executive Officer (CEO), Sainabou Martin Sonko, on administrative leave over allegations of financial misconduct. The Ministry of Lands challenged the Council’s authority, asserting that the power to discipline and appoint CEOs falls under the jurisdiction of the Local Government Service Commission.
In response, the Ministry, with the support of the Police Intervention Unit (PIU), forcefully reinstated Sonko by breaking into the Council’s premises—an action KMC described as an unconstitutional interference in its operations. The Council subsequently filed a legal challenge at the Supreme Court, accusing the central government of breaching its constitutional right to local self-governance.
In a judgment presided over by Chief Justice Hassan B. Jallow and delivered by Justice Cherno Jallow, the Supreme Court held that the government’s actions were in violation of Section 193(1) of the 1997 Constitution, which guarantees a “high degree of local autonomy” for democratically elected councils.
The Court affirmed that the forceful reinstatement of the CEO by government officials constituted unconstitutional interference in KMC’s internal affairs and undermined its autonomy as guaranteed by the Constitution.
However, the Court dismissed other reliefs sought by the Council. This included a request for a declaration on the independence of the Local Government Service Commission, which the Court found to be a matter between the Commission and the central government, rather than one directly affecting KMC’s constitutional rights.
The Court also declined to grant an order directing government officials to vacate KMC premises, noting that the events were historical and such an order would serve no practical purpose.
In its reasoning, the Supreme Court referenced Talib Ahmed Bensouda & 54 Ors v. The Attorney General, SC CS No. 001/2022, which reaffirmed the constitutional principle of democratic local governance with a high degree of autonomy.
This ruling marks a significant clarification of the constitutional boundaries between local councils and the central government, reinforcing the independence of local authorities in managing their internal affairs.